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HomeMy WebLinkAboutResolution - 2019-R0017 - Lockwood, Andrews, & Newnam - 01/22/2019Resolution No. 2019-R0017 Item No. 8.10 January 22, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement for the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Project, Phase 2, by and between the City of Lubbock and Lockwood, Andrews & Newnam, Inc., and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 22, 2019 ( A (�� --- DANIEL M. P PE, MAYOR ATTEST: 9 A0AA, -- Reb cca Garza, City Sec eta APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer 1`oi6 Turpin, P.E., Assis ity Engineer Assistant City Engineer/ ital Projects and Design APPROVED AS TO FORM: Xrny L-78ims, Deputy City Attorney wxcdocs/RESYSA-Lockwood, Andrews & Newnam, Inc. January 3, 2019 Resolution No. 2019-R0017 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 14453 is entered into this 22nd day of January , 2019, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Lockwood, Andrews & Newnam, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Project, Phase 2, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein;, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 730 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $173,880, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative_ ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. Page 2 of 10 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all Iiability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and sha11 be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Page 3 of 10 Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial Page 4 of 10 General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant'), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to cant', for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT CAUSED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY BY THE ENGINEER OR ITS SUBCONSULTANTS. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: LOCKWOOD, ANDREWS & NEWNAM, INC., Justin C. Reeves, P.E., 1320 South University Drive, Suite 450 Fort Worth, Texas 76107 Telephone: 817.820.0420 Facsimile: 817.820.0441 C. City's Address. The City's address and numbers for the purposes of notice are: John Turpin, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806.775.2342 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall fumish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Page 7 of 10 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A and B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal agent relationship between the Engineer and the City. Page 8 of 10 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"), If at any time fiords are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Engineer does not boycott Israel; and (2) The Engineer will not boycott Israel during the term of the Agreement. P. Force Majeure. The City agrees that the Engineer is not responsible for damages arising from any circumstance beyond the Engineer's reasonable control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, natural disasters, fire or other acts of God; riots, war or other emergencies; failure of any governmental agency to act in timely manner; failure of performance by the City or the City's other consultants, its Contractor or any of their subconsultants; or discovery of any hazardous substances or differing and unforeseeable site conditions. Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Reb cca Garza, City 4cr APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Engineer Engineer Projects and Design APPROVED AS TO FORM: ic:. DANIEL M. POPE, MAYOR Page 10 of 10 La �Lockwood,Andrews & Newnam, Inc. A LEO A DALY COMPANY Exhibit A Scope of Services This Exhibit A is part of the Agreement between Lockwood, Andrews & Newnam, Inc. (LAN) (the "Engineer") and the City of Lubbock (the "City") for a Project generally described as: Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 2— Construction Phase Services, The purpose of this Agreement is as follows: The scope of work contained herein is for engineering services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation improvements. This project consists of the following services: • Phase 2 j Aerial Pipeline Segments, Pipeline and Manhole Replacement and Rehabilitation from treatment plant to approximately basically I-27 and four Pipe Segments of the Downtown Interceptors: -- This agreement is for Construction Phase Services (CPS) for the already bid Phase 2 construction package. The ENGINEER agrees to furnish the CITY with the following specific services: ENGINEERING SERVICES Task 1: Construction Administration — Phase 2 1.1. Conduct monthly status calls with CITY. 1.2. Internal coordination meeting and overall project management. 1.3. Project Invoicing. 1.4. Project Management a. Project Work Plan: Prepare a project work plan (for internal use but available to the City for review upon request) providing sufficient detail for all project team members concerning project scope, deliverables, schedules, budgets, and communication protocol to ensure timely, effective, and consistent performance of ENGINEER throughout PROJECT. b. Status Calls: As necessary throughout PROJECT, schedule, prepare for, and conduct status meetings via teleconference with CITY to provide adequate updates regarding status, schedule, deliverables, and other related items. Exhibit A I of 7 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services c. Internal Coordination: As necessary throughout PROJECT, schedule, prepare for, and conduct internal project team meetings with team members to review project status, scope, and deliverables in accordance with the contract and project work plan. d. Invoicing: Prepare and submit to CITY invoices for all services rendered on a monthly basis in accordance with payment and invoicing terms of the contract. 1.5. Construction Administration a. Consult with and advise CITY and act as CITY's representative as provided in the Standard General Conditions. b. Extent and limitations of the duties, responsibilities, and authority of ENGINEER and CITY as assigned in said Standard General Conditions shall not be modified except as ENGINEER may otherwise agree in writing. c. By performing these services, ENGINEER shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction. d. CONSULTANT shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or failure of the Contractor to comply with laws, regulations, rules, ordinances, codes or orders applicable to the Contractor furnishing and performing the work. 1.6. Construction Plans a. Construction Plans — Furnish two (2) full size (22" X 34") sets, six (6) half size (11" X 17") sets of the final plans for construction for use by the CITY and the contractor, along with a CDIDVDIUSB containing PDF's of all plans. 1.7. Pre -Construction Conference a. Meet with the CITY, the contractor, and other interested parties for one (1) pre - construction conference to discuss the construction of the Project, including Project requirements, communication procedures, Project scheduling, personnel, laboratory testing requirements, Engineer field observation, field inspection by others, construction staking, pay requests, and other pertinent matters that may impact the Project. 1.8. Schedule Review a. ENGINEER will review and comment on the Contractor's initial and updated construction schedule and advise CITY as to acceptability. ENGINEER will analyze Contractor's construction schedule, schedule of values, activity sequence, and construction procedures as applicable to CITY's ability to keep existing facilities in operation. Exhibit A 2 of 7 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 1.9. Construction Observation and Progress Meetings a. Perform periodic site visits in conjunction with monthly progress meetings scheduled at a facility provided by the CITY and assist CITY during the meetings. ENGINEER shall verify progress of construction just before the monthly progress meetings. ENGINEER will endeavor to make a general determination of conformance with plans and specifications. ENGINEER assumes up to twelve (12) separate progress meetings. Schedule, coordinate, and complete visits to the PROJECT during construction. ENGINEER assumes providing no more than fourteen (14) visits total during the PROJECT. 1.10. Changes, Clarifications, Interpretations & Reviews a. Review and provide comments, reject, or offer no exceptions to all shop drawings or submittals for the Project, assuming roughly twenty (20) separate submittals. CONSULTANT will maintain a log of all submittals that shall include submittal number, title, date of receipt, and dates of review activity. When requested, review laboratory testing reports, field change requests and change orders and provide comments to CITY. Provide written responses to requests for information or clarification to CITY or contractor, assuming ten (10) separate requests for information. Provide and maintain an accurate Change Order Log, Submittal Log and Requests for Information (RFI) Log throughout the duration of the Project and make such logs available to the CITY upon request. b. Clarifications and interpretations shall be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue field orders authorizing minor variations from the requirements of the Contract Documents. c. Review and response/approval or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incidental thereto. 1.11. Change Orders & Work Directives a. Recommend change orders and/or work change directives to CITY as appropriate and prepare up to three (3) change orders and/or work change directives for issuance to CONTRACTOR as required. 1.12. Substitutes a. Evaluate, determine, and advise CITY on the acceptability of up to three (3) substitutes or "or -equal" materials and equipment proposed by CONTRACTOR. b. Final responsibility for all materials and equipment shall remain with CONTRACTOR. Exhibit A -� of 7 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 1.13. Inspections & Tests a. Coordinate with CONTRACTOR and CITY to review inspections and/or tests of specialized equipment, materials, or other PROJECT components. Attend up to three (3) separate inspections and/or tests as representative of the CITY. b. Receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders and/or the Contract Documents. Review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the Contract Documents. c. ENGINEER shall be entitled to rely on the results of such tests. 1.14. Disagreements between ENGINEER & CONTRACTOR a. Evaluate and render up to five (5) initial decisions on all claims of CITY and CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. b. In rendering such decisions, ENGINEER shall be fair and not show partiality to CITY or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 1.15. Applications for Payment a. Determine amounts owing to CONTRACTOR and recommend in writing up to fourteen (14) payments to the CONTRACTOR in such amounts based on periodic on - site observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying data and schedules. b. Such recommendations for payment will constitute ENGINEER's representation to CLIENT, based on such observations and review that, to the best of ENGINEER's knowledge, information, and belief, the work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the work. c. In the case of unit price work, ENGINEER's recommendations for payment will include review of final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by Contract Documents). Exhibit A 4 of 7 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services d. By recommending any payment ENGINEER shall not thereby be deemed to have represented that on -site observations made by ENGINEER to check the quality or quantity of CONTRACTOR's work as it is performed and furnished have been exhaustive, extended to every aspect of the work in progress, or involved detailed observations of the work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of CONTRACTOR's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment (including final payment) will impose on ENGINEER responsibility to supervise, direct, or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or CONTRACTOR's compliance with laws, rules, regulations, ordinances, codes or orders applicable to CONTRACTOR's furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to CLIENT free and clear of any liens, claims, security interests or encumbrances, or that there may not be other matters at issue between CITY and CONTRACTOR that might affect the amount that should be paid. 1.16. CONTRACTOR's Completion Documents a. Receive and review maintenance and operating instructions; schedules, guarantees, bonds, certificates, or other evidence of insurance required by the Contract Documents; certificates of inspection, tests, and approvals; and marked -up record documents (including Shop Drawings approved or reviewed in accordance with this Agreement) or Drawings. b. Documents referenced, are to be assembled by CONTRACTOR in accordance with the Contract Documents to obtain final payment and the extent of ENGINEER review(s) will be in accordance with the terms of this Agreement. c. Upon review, transmit documents received with written comments to CITY. d. Compile as-builtlfor record drawings and transmit to CITY, showing all final, as -built conditions based on markups, redlines, and comment provided by CONTRACTOR through PROJECT. 1.17. Substantial Completion a. Following notice from CONTRACTOR that CONTRACTOR considers the entire PROJECT ready for its intended use, conduct a single observation (accompanied by CONTRACTOR and CITY) to determine if PROJECT is substantially complete. b. The ENGINEER will participate in a final walk-through with the CITY and the CONTRACTOR and will contribute items to the CITY for inclusion in a punch list. Exhibit A 5 U[ 7 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services c. If, after considering any objections of CITY, ENGINEER considers PROJECT substantially complete, deliver a separate certificate of Substantial Completion to CITY and CONTRACTOR. d. Identify in writing and transmit to CITY and CONTRACTOR any work considered to be incomplete. 1.18. Final Notice of Acceptability of the Work a. Conduct a final observation of PROJECT for each contract to determine if completed work of CONTRACTOR is acceptable. b. If, after considering any objections of the CITY, ENGINEER considers PROJECT completed, recommend, in writing, final payment to CONTRACTOR. c. Accompanying the recommendation for final payment, provide a notice that the work is acceptable to the best of ENGINEER's knowledge, information, and belief and based on the extent of services performed and furnished by ENGINEER under this Agreement. 1.19. PERFORMANCE, EXCLUSIONS $ CLARIFICATIONS: a. ENGINEER shall perform its services in accordance with such Project schedule as is specified in the Contract, but in any event as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project in the case of delays caused by the CITY's review of documents submitted under this Contract. b. ENGINEER shall not be responsible for acts or omissions of any CONTRACTOR or of any subcontractor, supplier, or of any other person or organization performing or furnishing any of the work for the PROJECT. ENGINEER shall not be responsible for CONTRACTOR's failure to perform or furnish the work in accordance with Contract Documents. ENGINEER, or its subconsultant, may receive and review certificates of inspections within ENGINEER's area of responsibility or tests and approvals required by laws and regulations or the Contract Documents. ENGINEER's review of such certificates will be to determine that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, test, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests and the facts being certified. Assumptions and Exclusions Services not included in the Basic Construction Services described herein include: a. Construction Inspection b. Right -of -entry Exhibit A b (if 7 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services c. Easement acquisition associated with City -owned properties. City to acquire these easements and executed necessary documents. d. Condemnation services. e. Site access design associated with construction including roadway, grading, and drainage design. f. Designs for Trench Safety g. Quality control and testing services during construction. h. Construction Survey or Staking I. Flow and rainfall monitoring. j. Fees for all permits to be paid directly by City. Any work not explicitly enumerated herein shall be considered additional services subject to negotiation and agreement in writing. Task 2: Schedule I Duration of Construction 2.1 Phase 2 Construction The Construction Phase will commence with the execution of the construction contract for Phase 2 of the PROJECT or any part thereof and will terminate upon written recommendation by ENGINEER of final payment. Anticipated duration for Construction Phase of Phase 2 is 300 calendar days from execution of the construction contract for the PROJECT. Exhibit A 7 of 7 Exhibit B This Exhibit B is part of the Agreement, between Lockwood, Andrews & Newnam, Inc. (LAN) (the "Engineer") and the City of Lubbock (the "City") for the Project generally described as: Canyon Lakes Sanitary Interceptor Rehabilitation — Construction Phase 2 1. Budget Amount by Scoped Tasks for Phase 2 Construction: BUDGET Task Task Name Budget No. Basic Services Amount 1 Construction Management Services $158,680 2 Direct Expenses (Reimbursables) $15,200 TOTAL BASIC SERVICES (NOT TO EXCEED) $173,880 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. B. The Engineer shall issue monthly invoices for all work performed under this Agreement. Invoices are due and payable within 30 days of approved receipt. C. In the event of disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. D. If the City fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, Engineer may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the Engineer shall have no liability to City for delays or damages caused by the City because of such suspension of services. 3. Direct Expenses (Reimbursable) A. Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the City's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word LAN, Inc. — Exhibit B Canyon Lake Interceptor Rehabilitation — Design processing services; telephone, printing, binding and reproduction changes; all reimbursable costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Reimbursable Expenses will be based on actual charges when furnished by commercial sources and based on current rates when furnished by Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at a cost plus a 10 percent surcharge. B. Engineer will be paid on an hourly rate basis, as shown in Item No. 5. C. The Engineer shall Keep records based on generally accepted accounting practices of cost and expenses and such records shall be available for inspection by Owner during normal business hours. 4. Not to Exceed Compensation A. The Engineer will perform the services described in Exhibit A at "Not to Exceed" total compensation amount of $173,880, unless the Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated budget amount per task, as shown in No. 1 above, if the total "Not to Exceed" amounts are not surpassed. Budget can be transferred between tasks upon approval of City Project Manager. S. Rate Schedule: Hourly Labor .44 Staff Description Staff Code Billing Rate Principal / Technical Advisor E8/E9 $275 Senior Project Manager E7 $250 Senior Civil Engineer E6 $185 Project Engineer E4 $135 Graduate Engineer El-E3 $110 Senior Designer C3-C4 $85 Senior Admin Staff A4 $55 Intern 11 $65 The above fee schedule shall remain in effect for the duration of the project. LAN, Inc. — Exhibit B ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE(MM✓DDNVYY) 4I..� 1/1/2019 1 1 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condttions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Locktan Companies 444 W. 47th Street, Suite 900 CONTACT NAME: PHONE FAX Kansas City MO 64112-1906 (816)960-9000 L INSURER AFFORDING COVERAGE NNC! INSURER A; American Casualty Company of Reading,PA 20427 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 13497120 ATTN: MR. DON SCHUETZ INSURER a: National Fire Insurance Co of Hartford 20478 INSURER c : Transportation Insurance Company 20494 INSURER D : 2925 BRIARPARK DRIVE HOUSTON, TX 77042 INSURER E : INSURER F: COVERAGES LEOADOI CERTIFICATE NUMBER: 12dd3951 REVISION NUMBER- YYYYYYY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN" TR TYPE OF INSURANCE AODL SIIBR POLICY NUMBER MM�ID Y EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR y Y 1015651942 1/1/2018 1/I/2019 EACH OCCURRENCE $ 1,000.0w PREMISES Ea s 300,000 MED EXP one mon) $ 10 000 PERSONAL 5 AOV INJURY $ ] 000 000 GEN'L GENERAL AGGREGATE s 2 000 000 AGGREGATE LIMIT APPLIES PER: RPOLICY X JET LOC PRODUCTS - COMP/OP AGG s 2,000,000 $ OTHER: A AUTOMOBILE uAe1LTTY Y y 1015651956 1/1/2018 1/1/2019 (Eaac1�NEm L u I E] 000000 BODILY INJURY (Per person) $ XXXXXXX ANY AUTO AUTOSONLYNAUT OBODILY Ix INJURY (Per acdderd) s XXXXXXX HIRED AUTOS ONLY AUTOS ONLY pReO,.W.1 AMAGE $XXXXXXX s XXJXXXXX UMBRELLA LIAR HCLAIMS-MADE OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $XXXXXXX EXCESS LIABI DED I RETENTION s XXXXXXX B C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY1015651973 ANY PROPRIETORIPARTNEWEXECUTIVE YIN CERfMEMBEREXCLUDED F N/A Y AOS) 2M515'744 1063334422 C ) 11V2018 1/1/2018 111/20T8 1/l/2019 1/1/2019 1/1/2019 PER H- X I STATUTE ER E.L. EACH ACCIDENT a 1,000,000 E.L. DISEASE - EA EMPLOYEE f 1,000,000 IM2 (Mandatory In NH) N yes desm-be under DESCRIPTION OF OPERATIONS below El DISEASE POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS., LOCATIONS I VEHICLES (ACORD 101, AddRlonal Remarks Schedule, may be sUsched A more apses Is requhed) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE To THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. RE: CANYON LAKES INTERCEPTOR REHABILITATION PROJECT. THE CITY OF LUBBOCK IS AN ADDITIONAL INSURED AS RESPECTS TO GENERAL AND AUTO LTABTLITY, THESE COVERAGES ARE PRIMARY AS REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED'S COVERAGE IS EXCESS AND NON-CONTRIBUTORY ON THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS RESPECTS USE OF VEHICLES OWNED BY LOCKWOOD. ANDREWS & NEWMAN, INC. WAIVER OF SUBROGATION APPLIES TO GENERAL AND AUTO LIABILITY AND WOR ERS COMPENSATION WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRnTEN CONTRACT. CERTIFICATE HOMPA rANrFI I AT'IAN Q.. Art—h—te 12443951 CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PUBLIC WORKS ENGINEERING THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1625 13TH STREET ACCORDANCE WITH THE POLICY PROVISIONS. LUBBOCK TX 79401 AUTHORIZED REPRESENrATI 0198812015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M477166 Certificate ID: 12443951 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows. I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only it the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition. or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV, The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of. A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including; 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 1015651942 Page 1 of 2 Endorsement No: 19 Nat'l Fire Ins Co of Hartford Effective Date:01/01/2018 Insured blame: LEO A DALY COMPANY Copyright CNA AD Rights Reserved. Includes copyrighted material of Insurance Services office. irr. . with its permission Miscellaneous Attachment: M477166 Certificate ID: 12443951 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: _ 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 1015651942 Page 2 of 2 Endorsement No: 19 Nat' 1 F' rr. ins Co of Hart±ord Effective Date: 01/01/2018 Insured Name: LEO A l]A'.Y COMPANY Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance services Office, Inc., with Its permission. Miscellaneous Attachment: M452691 Certificate ID: 12443951 POLICY NUMBER: 1015651956 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply Unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'insureds' for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, This rdor� ent changes the policy effective on the Inception date of the policy unless another date is in �e�ow. Named Insured: LEO A DALY COMPANY Endorsement Effective Date: 01/01/2018 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization that the Named Insured is obligated to provide insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person or organization for whom liability coverage is afforded under this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured' for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured provision contained in Paragraph Ai. of Section II • Covered Autos Liability Coverage in the Business Auto and Motor 88ea�e° rrpe Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers CA 20 48 10 13 Miscellaneous Attachment: M446739 Certificate fD: 12443951 POLICY NUMBER: 1015651956 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: LEO A DALY Endorsement Effective Date: 01/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 O Insurance Services Office, Inc. Page 1 of 1 Miscellaneous Attachment: M457413 Certificate ID: 12443951 POLICY NUMBER(S): 1015651973 (AOS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS OR ORGANIZATIONS WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) WC 00 0313 POLICY NO. WC1015651973 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of operations described in the Schedule where you are required by written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Locations and Operations 3. Premium The premium charge for this endorsement shall be 5 percent of premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium WC 42 03 04B Miscellaneous Attachment: M455260 Certificate ID: 12443951 Policy Number: 1015651942 Carrier: National Fire Insurance Company of Hartford ARCHITECTS, ENGINEERS AND SURVEYORS GENERAL LIABILITY EXTENSION ENDORSEMENT 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights of Recovery Against Others To Us is amended to add the following: The Insurer waives any rights of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. The Named Insured's ongoing operations; or 2. Your work included in the products -completed operations hazard However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. Is in effect or becomes effective during the term of this Coverage Part; and 2. Was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. CNA74858XX (1-15) Miscellaneous Attachment: M103125 Certificate ID: 12443951 ACORDF CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 7/1/2018 1 6/1712016 [THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(iss) must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement[s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112- I906 (816) 960-9000 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. INSURER B : 1055303 ATTN: MR. DON SCHUETZ IMSURERC: 2925 BRIARPARK DRIVE INSURER D : HOUSTON, TX 77042 INSURER E : INSURER F COVERAGES LEOAD01 CERTIFICATE NUMBER: 12441066 REVISION NUMBER! XXV_k_V y THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TA TYPE W$URANCE L SUER POLICY NUMBER POLICY EFF immmpn= POLICY EXP Imprimm,LIMITS COMMERCIAL GENERAL LIABILITY CLAIM&MADE DOCCUR NOT APPLICABLE EACH OCCURRENCE $xxxxxXX DAMAGE TO FIENTE PREMISE $ XXXXXXX MED EXP (My one person) $ XXXj(} XX PERSONAL $ ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: RO POLICY I X I JECCT LOC GENERAL AGGREGATE S XXXXXXX PRODUCTS COMPIOP AGG $XXXXXXX $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED l n IN LIMIT(Ea $ XXXXXXX BODILY INJURY (Per person) S XXXXXXX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ) aoddenl Per BODILY INJURY ( S XXXXXXX PROPERTY DAMAGE $XXXXXXX sXXXXXXX UMBRELLA UAa OCCUR NOT APPLICABLE EACH OCCURRENCE $XXXXXXX AGGREGATE S XXXXXXX EXCESS LIAR CLAIMS -MADE DED I RETENTION $ XXXXXXX WORKERS COMPENUTION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOPJPARTNERIEXECUiIVE ❑ OFFICEWMEMBER EXCLUDED? NIA NOT APPLICABLE PER STATUTE I I ORH E.L. EACH ACCIDENT $ XXXJIxXX E.L. DISEASE - EA EMPLOYE $ X)oC)CXXX (Mendatary In NH) It yea describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT S X) XXXXX A PROFESSIONAL LIABQ.ffY N N LDUSA1704506 7/1/2017 7/1/2018 $2,000,000 EACH CLAIM AND IN THE ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be aneehad B mare apaco Is required) RE: CANYON LAKES INTERCEPTOR REHABILITATION PROJECT. 12443966 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING 1625 13TH STREET LUBBOCK TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORREO 019ML2015 ACORD CORPORATION- All riehtst reswrwad ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos_ 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos_ 1, 2. 3. 5, and 6 it there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and.the city, state and country of the business entity's place of business. 2018-434484 Lockwood, Andrews & Newnam, Inc. Houston, TX United States Date Filed: 12/17/2018 2 Name of governmen entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Project, Phase 2 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Daly, III, Leo A. Washington, DC United States X Petersen, Dennis W. Houston, TX United States X Swafford, C. Wayne Houston, TX United States X Brader, James Omaha, NE United States X Curry, W. Derrell Houston, TX United States X Boyd, J. Anthony Houston, TX United States X Vajdani, Sima Los Angeles, CA United States X Rastogi, Devarati Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Justin C. Reeves and my date of birth is My address is 1320 S. University Drive, Suite 450 Fort Worth TX , 76107 , USA (street) iciry) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant C State X on the day of Dec- , 20_1 : i' (month) (year) ignatur of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission iielstate.Mus Version V1.0.6711 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSgONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. LOCKWOOD, ANDREWS & NEWNAM, INC. 2 Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information Is being disclosed. NONE Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? FlYes Fx-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes Fx l No 6 Describe each employment or business relationship that the vendor named In Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. NONE. s ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in ec 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 5 {} 4 o +P.r Sigqok e v g bust ss with the governmental entity Date Form provided by as Ethic ommission www.ethics.state.tx.us Revised 11/30/2015